Labels:book | reckoner | sky OCR: 36 OPERATION OF THE DEFENSE OF QUALIFIED IMMUNITY LAW ENFORCEMENT OFFICER WOULD BE LIABLE UNDER SECTION 1983 ONLY IF THE OFFICER INITIATES OR PURSUES CRIMINAL PROSECUTION NOT ONLY WITHOUT PROBABLE CAUSE BUT ALSO WITHOUT AN OBJECTIVELY REA. SONABLE BELIEF IN PROBABLE CAUSE AS discussed iT Part IB the probable standard is both flexible and minima] law enforcement officer sued for damages under $1983 however woulc eligi ble for qualified immunity from suit Harlow Fitzgerald, 457 800 (1982) Gomez r Totedo, supra. Consequently, law enforcement officer will be able to dama ges under S1983 onty the officer did not have probable cause tor prosecution and n reasonably well-trained officer could have believed he had probable cause. Malley Briggs, supra, 344 345 Hunter Bryant S.Ct. 534 (1991); Delawa ...
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